Publications from 2001
Are the States' "Prevailing Wage Laws" Constitutional?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 260 (2001))
Reorganization of the Professional Sports Franchise, Ralph C. Anzivino
(12 Marquette Sports Law Review 9 (2001))
Should the “Product Liability Loss” Deduction Be Calculated on a Consolidated Basis for an Affiliated Group?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 302 (2001))
What Triggers the Statute of Limitations for Violations of the Fair Credit Reporting Act?, Ralph C. Anzivino
(2001-02 Term Preview of United States Supreme Court Cases 17 (2001))
Envisioning a Future for Age and Disability Discrimination Claims, Alison Barnes
(35 University of Michigan Journal of Law Reform 263 (2001))
From the Editor, Alison Barnes
From the Editor, Alison Barnes
(Elder's Advisor, Summer 2001, at iii.)
From the Editor, Alison Barnes
(Elder's Advisor, Spring 2001, at iii.)
From the Editor, Alison Barnes
(Elder's Advisor, Fall 2001, at iii.)
The Americans With Disabilities Act and the Aging Athlete After Casey Martin, Alison M. Barnes
(12 Marquette Sports Law Review 67 (2001))
Reflections on the Accident at Miller Park and the Prosecution of Work-Related Fatalities in Wisconsin, Edward A. Fallone
(12 Marquette Sports Law Review 105 (2001))
Arbitration of Olympic Eligibility Disputes: Fair Play and the Right to be Heard, Jay E. Grenig
(12 Marquette Sports Law Review 261 (2001))
Can a Worker's Arbitration Agreement Prevent the EEOC from Seeking Victim-Specific Relief?, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 8 (2001))
Can the FCC Regulate the Placement of Wireless Equipment and Internet Service Attachments on Utility Poles?, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 12 (2001))
Does the “Income First” Rule in the Wisconsin Spousal Impoverishment Statute Conflict with Federal Law?, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 127 (2001))
Must the Alleged RICO “Person” and the Alleged RICO “Enterprise” Be Distinct Under § 1962(c)?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 359 (2001))
When Is Failing to Advise a Defendant of His Right to Counsel Harmless Error?, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 89 (2001))
Baseball Cards and the Birth of the Right of Publicity: The Curious Case of Haelan Laboratories v. Topps Chewing Gum, J. Gordon Hylton
(12 Marquette Sports Law Review 273 (2001))
Ellison as Social Critic: A Party Down at the Square and the Problem of Lynching, J. Gordon Hylton
(26 Oklahoma City University Law Review 1009 (2001))
The Historical Origins of Professional Baseball Grievance Arbitration, J. Gordon Hylton
(11 Marquette Sports Law Review 175 (2001))
Religious Freedom and the Interscholastic Athlete, Scott C. Idleman
(12 Marquette Sports Law Review 295 (2001))
Of Judicial Supremacy and Academic Inadequacy, Scott C. Idleman
(18 Constitutional Commentary 5 (2001))
The Emergence of Jurisdictional Resequencing in the Federal Courts, Scott C. Idleman
(87 Cornell Law Review 1 (2001))
School Expulsions: Not All Are Equal, Alison Julien and Patricia Engel
(Wisconsin Lawyer, Oct. 2001, at 10)
Golf and Torts: An Interesting Twosome, John J. Kircher
(12 Marquette Sports Law Review 347 (2001))
The Widening Gap Under the Internal Revenue Code: The Need for Renewed Progressivity, Vada Waters Lindsey
(5 Florida Tax Review 1 (2001))
Statewide School Athletic Associations and Constitutional Liability; Brentwood Academy v. Tennessee Secondary School Athletic Association, Alan R. Madry
(12 Marquette Sports Law Review 365 (2001))
Privacy in Sports: Recent Developments in the Federal Courts, Michael K. McChrystal
(12 Marquette Sports Law Review 397 (2001))
The Privacy of Elders, Michael K. McChrystal
(Elder’s Advisor, Spring 2001, at 22)
Father (or Mother) Knows Best: An Argument Against Including Post-Majority Educational Expenses in Court-Ordered Child Support, Judith G. McMullen
(34 Indiana Law Review 343 (2001))
The Professional Athlete: Issues in Child Support, Judith G. McMullen
(12 Marquette Sports Law Review 411 (2001))
Foreword, Matthew J. Mitten
(12 Marquette Sports Law Review 1 (2001))
Blue-Collar Crimes/White-Collar Criminals: Sentencing Elite Athletes Who Commit Violent Crimes, Michael M. O'Hear
(12 Marquette Sports Law Review 427 (2001))
Athletes in Trouble with the Law: Journalistic Accounts for the Resentful Fan, David Ray Papke
(12 Marquette Sports Law Review 449 (2001))
Law, Cinema, and Ideology: Hollywood Legal Films of the 1950s, David Ray Papke
(48 UCLA Law Review 1473 (2001))
Lawyer Fiction in the Saturday Evening Post: Ephraim Tutt, Perry Mason, and Middle-Class Expectations, David Ray Papke
(13 Cardozo Studies in Law & Literature 207 (2001))
Another Misunderstood Relation: Confidentiality and the Duty to Report, Peter K. Rofes
(14 Georgetown Journal of Legal Ethics 621 (2001))
Which Means to an End under the Uniform Mediation Act?, Andrea K. Schneider
(85 Marquette Law Review 1 (2001))
Baseball Diplomacy, Andrea Kupfer Schneider
(12 Marquette Sports Law Review 473 (2001))
Unfriendly Actions: The Amicus Brief Battle at the WTO, Andrea Kupfer Schneider
(7 Widener Law Symposium Journal 87 (2001))
Fraser v. MLS, L.L.C.: Is There a Sham Exception to the Copperweld Single Entity Immunity?, Michael P. Waxman
(12 Marquette Sports Law Review 487 (2001))
Teaching Comparative Law in the 21st Century: Beyond the Civil/Common Law Dichotomy, Michael P. Waxman
(51 Journal of Legal Education 305 (2001))
Social Security Reform: Creating Transformative Opportunities for African Americans, Phoebe Weaver Williams
(Elder’s Advisor, Summer 2001, at 23)
Publications from 2000
Can the Police "Impound" a Home While They Seek a Search a Search Warrant?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 89 (2000))
Does the Federal Arbitration Act Apply to Contracts of Employment?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 76 (2000))
Has the Federal Common-Law D'Oench Doctrine Been Preempted?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 202 (2000))
What Constitutes “Property” Under the Federal Mail Fraud Statute?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 37 (2000))
From the Editor, Alison Barnes
(Elder's Advisor, Fall 2000, at iii.)
Editorial Views: Choosing and Death, Alison McChrystal Barnes
(Elder’s Advisor, Spring 2000, at 30)
The Effect of Jandrt on Satellite Litigation, Janine P. Geske and William C. Gleisner III
(Wisconsin Lawyer, May 2000, at 11)
Can a Public Employer Require Employees to Use Their Comp Time?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 236 (2000))
Does the AEDPA Apply to a Habeas Petition Filed After an Exhaustion of State Remedies?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 313 (2000))
May Private Individuals Sue a State That Establishes English-Only Policies?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 176 (2000))
The Civil Jury in America: Improving the Jury's Understanding of a Case, Jay E. Grenig
(24 American Journal of Trial Advocacy 93 (2000))
What Constitutes Ineffective Assistance of Counsel at Sentencing?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 141 (2000))
When Is an Order Compelling Arbitration Subject to Appellate Review Under the Federal Arbitration Act?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 13 (2000))
When Is a State Post-Conviction Application “Properly Filed” Within the Meaning of the AEDPA?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 23 (2000))
When Must a Capital Jury Be Told That the Defendant Will Be Ineligible for Parole If Sentenced to Life?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 377 (2000))
Property Rights in John Marshall’s Virginia: The Case of Crenshaw and Crenshaw v. Slate River Company, J. Gordon Hylton
(33 John Marshall Law Review 1175 (2000))
Tort Liability, Religious Entities, and the Decline of Constitutional Protection, Scott C. Idleman
(75 Indiana Law Journal 219 (2000))
Will the FCC Go the Way of the ICC?, Joseph D. Kearney
(71 University of Colorado Law Review 1153 (2000))
The Influence of Amicus Curiae Briefs on the Supreme Court, Joseph D. Kearney and Thomas W. Merrill
(148 University of Pennsylvania Law Review 743 (2000))
Punitive Damages and Business Organizations: A Pathetic Fallacy, John J. Kircher
(67 Tennessee Law Review 971 (2000))
State Action and the Due Process of Self-Help: Flagg Bros. Redux, Alan R. Madry
(62 University of Pittsburgh Law Review 1 (2000))
Ethics Consult: E-Ethics, Michael K. McChrystal
(Elder’s Advisor, Spring 2000, at 93)
Applying Antitrust Law to NCAA Regulation of “Big Time” College Athletics: The Need to Shift From Nostalgic 19th and 20th Century Ideals of Amateurism to the Economic Realities of the 21st Century, Matthew J. Mitten
(11 Marquette Sports Law Review 1 (2000))
When Can a Defendant Challenge His ACCA Sentence on the Basis That His Prior State Convictions Were Unconstitutional?, Michael O'Hear
(2000-01 Term Preview of United States Supreme Court Cases 207 (2000))
Building a Pedagogy of Problem-Solving: Learning to Choose Among ADR Processes, Andrea Kupfer Schneider
(5 Harvard Negotiation Law Review 113 (2000))
Perception, Reputation and Reality: An Empirical Study of Negotiation Skills, Andrea Kupfer Schneider
(Dispute Resolution Magazine, Summer 2000, at 24)
Publications from 1999
Spoiling a Good Walk: Does the ADA Change the Rules of Sport?, Paul M. Anderson
(1 Virginia Journal of Sports and the Law 44 (1999))
Does an Auto Manufacturer's Compliance With National Traffic and Motor Vehicle Safety Standards Pre-empt Suits for Defective Design?, Ralph C. Anzivino
(1999-2000 Term Preview of United States Supreme Court Cases 165 (1999))
Financial Abuses of Elderly Clients, Alison Barnes
(Elder’s Advisor, Summer 1999, at 22)
Competency, Coercion, and Risk of Violence: Legal Intersects with Fundamental Issues of Mental Health, Alison McChrystal Barnes
(82 Marquette Law Review 713 (1999))
Can an Employee Who Applies for Social Security Disability Benefits Be a “Qualified Individual with a Disability” Under the ADA?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 263 (1999))
Can a U.S. District Court Enjoin a Defendant from Transferring or Assigning Assets Held Outside of the Court's Jurisdiction?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 311 (1999))
Can Congress Make States Amenable to Suit In Federal Court for Claims of Patent Infringement?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 427 (1999))
Does Congress Have the Power to Make the States Amenable to Suit In Federal Court for Claims Under the Lanham Act?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 423 (1999))
How Clearly Must a Judge Instruct the Jury That It Should Consider Mitigating as Well as Aggravating Factors In Making Its Sentencing Decision?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 143 (1999))
When Should a Habeas Claim Be Dismissed as Being a "Second or Successive" Application?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 25 (1999))
Why Baseball’s Antitrust Exemption Survives, J. Gordon Hylton
(9 Marquette Sports Law Journal 391 (1999))
The Demise of Hypothetical Jurisdiction in the Federal Courts, Scott C. Idleman
(52 Vanderbilt Law Review 235 (1999))
From the Fall of the Bell System to the Telecommunications Act: Regulation of Telecommunications Under Judge Greene, Joseph D. Kearney
(50 Hastings Law Journal 1395 (1999))
Review: The Essence of Property Law, Vada Waters Lindsey
(22 Seattle University Law Review 977 (1999))
The Burden of Being Poor: Increased Tax Liability? The Taxation of Self-Help Programs, Vada Waters Lindsey
(9 Kansas Journal of Law & Public Policy 225 (1999))
Legal Indeterminacy and the Bivalence of Legal Truth, Alan R. Madry
(82 Marquette Law Review 581 (1999))
At the Foot of the Master: What Dickens Got Right About What Lawyers Do Wrong, Michael K. McChrystal
(78 Oregon Law Review 393 (1999))
Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. McChrystal
(Elder’s Advisor, Fall 1999, at 47)
Ethics Consult: Building Relationships That Work, Michael K. McChrystal
(Elder’s Advisor, Winter 1999, at 71)
Ethics Consult: Client Choice, Wise Counsel, and Economic Realities: The Forces That Shape the Representation of Elders, Michael K. McChrystal
(Elder’s Advisor, Summer 1999, at 75)
Planning for a Disabled Child, Judith G. McMullen
(Elder’s Advisor, Fall 1999, at 1)
Conventional Wisdom: The Courtroom Trial in American Popular Culture, David Ray Papke
(82 Marquette Law Review 471 (1999))
The American Courtroom Trial: Pop Culture, Courthouse Realities, and the Dream World of Justice, David Ray Papke
(40 South Texas Law Review 919 (1999))
Mandatory Obsolescence: The Thirty Credit Rule and the Wisconsin Supreme Court, Peter K. Rofes
(82 Marquette Law Review 787 (1999))
Getting Along: The Evolution of Dispute Resolution Regimes in International Trade Organizations, Andrea Kupfer Schneider
(20 Michigan Journal of International Law 697 (1999))
Publications from 1998
Book Review: Sport Facility Planning and Management, Paul M. Anderson
(8 Marquette Sports Law Review 459 (1998))
“Killer Choices”: Felony Murder, Lesser Offenses, and the Death Penalty, Daniel D. Blinka
(1997-98 Term Preview of United States Supreme Court Cases 284 (1998))
Addressing an Industrywide Health Insurance Crisis by Spreading the Cost: Has Congress Violated the Constitution?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 326 (1998))
Can an Employer Be Held Strictly Liable for a Supervisor's Quid Pro Quo Sexual Harassment When There Has Been a Quid but No Quo?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 474 (1998))
Does the Individuals with Disabilities Education Act Require a Public School District to Provide a Quadriplegic Student with Continuous Nursing Service?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 80 (1998))
Sex and the Public School Teacher: When Is a School District Liable Under Title IX for a Teacher's Sexual Misconduct with a Student?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 406 (1998))